Battling neighbors want commission intervention

By Rick Catlin. Islander Reporter

What would Anna Maria be without a squabble between neighbors? Some
say it wouldn’t be Anna Maria any more.

Two
neighbors on Maple Avenue in Anna Maria have been battling since October
2005 over fences, walls and property lines, but now, one of those neighbors
wants the Anna Maria City Commission to step in and address their concerns
(The Islander, Oct. 26, 2005).

In
fact, the Watt family of 105 Maple Ave. has now asked commissioners to “place
a temporary hold on [fence] permits being issued and that our concerns be placed
on the agenda for discussion on our behalf.”

According to the Watts,
their issue with neighbor Jack Guggino began in mid-2005 when they moved to Anna
Maria from Illinois. Guggino had a fence built on his property line that actually
precluded the Watts from accessing their front door and porch from their sidewalk.

The
Watts sued and recently reached an out-of-court settlement with Guggino which
solved their biggest problem, namely that “the
sidewalk leading to our front door would now be ours and Mr. Guggino’s
spite fence, placed at our front door, would finally be removed,” James
and Julie Watt said in a recent letter to Mayor Fran Barford.

A
new survey has found that the Watts’ property
line extends 10 feet closer to the Gulf of Mexico, making Guggino’s fence
an encroachment on their property.

But this
is Anna Maria, and no agreement that favors one side can go unnoticed by the
other.

The
Watts claim that after Guggino agreed to the settlement, he applied for a permit
to “re-erect” the chain
link fence on the new property line. That permit application was rejected by
the building department because Guggino had agreed in the settlement not to construct
any fence.

But apparently, Guggino is allowed
to build a privacy fence because he can claim that as property on the water, “he
has the option of claiming the front of his property is the seaward end of his
property,” the Watts said. Thus, the back of Guggino’s property reportedly
faces the front of the Watts’ property.

As
this is the rear of the Guggino property, he’s allowed to build a 6-foot-high
fence, while according to the Watts, they can only construct a 4-foot-high fence
on the same property line because it’s the front of their house.

The
Watts also claim that much of the land along the shore where they live did not
exist when their home was built in 1926.

Faced
with the prospect of a chain-link fence obstructing their view of the Gulf of
Mexico, the Watts have appealed to the commission to study the “uniqueness” of
their situation, along with that of others whose property faces the Gulf of Mexico,
but may have an obstructed view. The Watts suggest they might have riparian rights
to view the Gulf of Mexico.

“This has been a very
stressful process for us personally,” said the Watts. Aside from that,
however, they contend that their concerns are “legitimate” and that
the issue “should
be visited” by the city as soon as possible.

But
city attorney Jim Dye doesn’t
think the “issue” can be solved in a single commission meeting.

To
place a moratorium on fence permits requires official action by the commission
and two public hearings. The issues raised by the Watts - the size of a
fence and the areas affected - are “matters
of code that the city would have to respect until formal action is taken changing
the policy,” he said.

In addition,
Dye said the issue of “view” rights
is a private matter between the two parties.

Commission
Chairman John Quam said he had not yet placed the issue on any agenda, pending
discussion of the concerns between attorneys for the two parties.

“We are hoping they will work
out their issues,” said Quam, before the city becomes involved.

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